Ordered Items in for customer, now she demands refund

[Venka]

Hello,

We ordered several chandeliers at the specific request of a customer, items that we do not normally carry nor feature on our website. The chandeliers were customised with a different colour of beads. She was told that she could not return these items.

On receipt, she promply returned the goods, stating that they were not of the quality she expected and is now demanding a refund.

I have explained that this is not applicable as these items were specifically ordered for her. She has now contacted Trading Standards and is threatening with legal action.

She is also demanding that we pay her bank charges as she has gone overdrawn.

In the meantime, these chandeliers are taking up valuable space in our warehouse.

Any advice much appreciated.

[cjd]

Any chance that she was a business customer? How long after delivery did she tell you she wanted to return the goods?

The fact that you don't normally stock the goods doesn't matter.

If you had written agreement from the customer that the goods could not be returned I suspect that would then become part of the contract; but I doubt you have that and if she denies she agreed verbally you don't have much hope.

Of course you can always return the goods back to her, tough it out and see what happens next.

[Venka]

She was not a business customer.

However, the Distance Selling Regulations do state that customised or items made to order cannot be returned.

[cjd]

She was not a business customer.

However, the Distance Selling Regulations do state that customised or items made to order cannot be returned.

You didn't say the goods where customised or made to order - you said you ordered goods you don't normally stock - if the goods were tailor made for her, she can't return them unless faulty.

[Mister B]

I think that this is is the crux of the matter...

"On receipt, she promply returned the goods, stating that they were not of the quality she expected and is now demanding a refund."

If the goods were not of merchantable quality then she will be fully entitled to a refund. However, if they were, then I don't think that she has a leg to stand on.

I think that you offer is another clue in the fact that she now claims to have gone overdrawn because of the transaction. If the goods were of merchantable quality then she would still have had to pay and subsequently gone overdrawn.

Looks to me as if she ordered them and then realised that she is short of funds and is trying to back out.

Wish you luck with it.

Mister B

[Lewcy]

Cut your losses, Refund the item (minus postage) charge a re-stocking fee, if that is in your terms (if not add it for later problems) and sell them cheap elsewhere. You will save yourself a lot of headaches!

[karine]

Hi
Similar to Venka with customer threatening legal actions....
a customer recently sent us back a Tykho radio purchased on our sister site WhereDidYouBuyThat .com for which she wanted a refund.
We're hapy to refund an item as long as the item has not been used and we can put it back in stock but because she couldn't work out how to put the batteries in (despite the instructions enclosed), she unscrewed all the parts and returned the radio completely dismantled.
We kindly explained to us that our return policy on our site stipulates that we can only refund items returned in pristine condition and not completely pull apart, she is now saying that she has contacted Trading Standards, threaten legal actions and said she would contact her bank to get the transaction charged back to us....
Where do we stand? How can we prevent her from charging her transaction back to us?
Thanks
Karine

[Mister B]

You are entitled to refuse to do anything. Enclose a polite letter with the radio when you return it to her, stating that as the goods are no longer in a saleable condition, you cannot accept them for return.

Out of curioisty, how much are we talking about here in terms of retail value? Lewcy does have a fair point in that at times, the aggravation and hassle outweighs the cost of time resolving the matter. Your call really. Personally, unless the customer has acted in a downright fraudulent manner, I would take the hit and move on with life.

Mister B

[karine]

Retail value is £45...not much but the item can not be sold again. She completely pulled it apart and now expect us to put it back together and refund her....euuh hello!!! I'm always happy to help out customers but there is a limit to what we can do. I'm trying to run a business not a charity shop and it really annoys me when customers assume that they can return something damaged, soiled or used and they will get a refund just because they threaten us. We cant re-sell the item so if i refund her, it's my loss and I dont see why it should be when it was a mistake for pulling the radio apart.

[Mister B]

As I said before...your call.

I understand entirely your feelings. If it was a genuine mistake then I would be accomodating. If however, she has acted frauduently or with contempt, (as in I'll take it apart and send it back anyway,) then she may well receive a two fingered salute:D

Sounds like you've made your mind up. Good luck with it, although I don't think that you'll need it.

Mister B

[deniser]

If the customer cancelled the contract in writing within 7 days of receipt then you must refund her the money she paid including the outwards postage. The DSR will apply where there was a choice of components (here the beads) as this is not sufficiently custom made - the analogy is buying a computer where you can choose the operating system, software and hardware.The fact that you ordered it in specially has no relevance.

You aren't allowed to charge a restocking fee nor deduct postage costs.

And Karine again if the order was cancelled in writing then the same applies. You must refund the money within 30 days if she bought via the internet/mail order and this is regardless of whether or not the goods have been returned. Her obligation is to take reasonable care of the goods not to return them in pristine condition. She will argue that the goods are in reasonable condition given the circumstances.

All very harsh for the retailer but we are stuck with it.

[Venka]

Hello,

The customer never cancelled in writing, she simply called and it was clearly explained she could not return the goods.

The chandeliers were customized as this is not simply a case of assembling a computer, specific beads were specified and the chandeliers were made to this specification. This is not something that we normally do, we only did it at the specific request of the customer.

As far we see it, she has received a credit note as a gesture of goodwill and that is the end of the matter.

There is no way we are going to pay her bank charges for going overdrawn.

By the way, in case of the radio, customer has a duty of reasonable care so if she does go the small claims court, counter sue!

In the end, it is the consumer that pays for the people that really take the biscuit. In my eyes, it is very unfair for the nice customer to have to subsidize other unreasonable customers.

[Stonelaughter]

There is no way we are going to pay her bank charges for going overdrawn.

I recall a letter I once received from an organisation from whom I was trying to reclaim consequential bank charges. Their letter at one point said:

"I can confirm that we are not responsible for your financial situation and therefore cannot under any circumstances be held liable for any charges you have incurred, voluntary or otherwise, on your banking accounts."

So in my view you're absolutely right, you have no liability to the customer for any charges they may have incurred - especially as she would have gone overdrawn whether or not you had supplied items which met her standards for quality. The price is the price and she treated with you. The items are I assume of merchantable quality, they simply did not meet her requirements. This is down to her not satisfying herself as to the quality of the item before her purchase. She entered into a contract with you which is binding; the chandelier was customised to her requirement and was outside your normal range; you cannot sell it elsewhere. I cannot see anywhere a shred of evidence which would suggest that she has any case whatever. You have nothing to fear from trading standards IMO and likewise I cannot see any way she could win any legal action she took... add to all the foregoing that you have offered her the goodwill gesture of a credit note and the cake is nicely iced, thank you very much. You should send her back the chandelier and state that if it returns you will invoice her for storage at (insert reasonable weekly storage charge here); return of the item will be deemed as acceptance of those terms.